Teal v. Walker
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OP THE UNITED STATES FOR THE DISTRICT OF OREGON. This was an action at law brought by Walker, the defendant in error, against Teal, the plaintiff in error.
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IN ERROR TO THE CIRCUIT COURT OP THE UNITED STATES FOR THE DISTRICT OF OREGON. This was an action at law brought by Walker, the defendant in error, against Teal, the plaintiff in error. The record disclosed the following facts : On August 19th, 1874, Bernard Goldsmith borrowed of James D. Walker the sum of $100,000, and gave to the latter his note, dated Portland, Oregon, August 19th, 1874, for the payment to Walker or his order, two years' after date, of- the sum borrowed, with interest payable monthly at the rate of one per cent, per month from date until paid.' Goldsmith, at the time the…
1Opinion of the CourtJustice Woods
He stated the facts in the foregoing language, and continued:
The writ of error is not taken to reverse the judgment of the court upon the demurrer to the complaint, for that was not a final judgment, but to reverse the judgment rendered upon the verdict of the jury. The error, if it be an error, of overruling the demurrer could have been reviewed on motion in arrest of judgment, and is open to review upon this writ of error. When the declaration fails to state a cause of action, and clearly shows- that upon the case as stated the plaintiff cannot recover, and the demurrer of the defendant…
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3Cited by140 opinions
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- Bauserman v. BluntSupreme Court of the United States · 1893
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